Sec. 1. (a) Except as provided in subsection (b), an employer may not:

(1) require, as a condition of employment, an employee or prospective employee to refrain from using; or

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(2) discriminate against an employee with respect to:

(A) the employee’s compensation and benefits; or

(B) terms and conditions of employment;

based on the employee’s use of;

tobacco products outside the course of the employee’s or prospective employee’s employment.

     (b) An employer may implement financial incentives:

(1) intended to reduce tobacco use; and

(2) related to employee health benefits provided by the employer.

As added by P.L.175-1991, SEC.1. Amended by P.L.136-2006, SEC.1.